UWSCollege Pty Limited

[2013] FWCA 8409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UWSCollege Pty Limited
(AG2013/2951)

UWSCOLLEGE ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 28 OCTOBER 2013

Application for approval of the UWSCollege Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UWSCollege Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the UWSCollege Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (NSW/ACT Branch) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.

[4] The National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.

[5] The Community and Public Sector Union (SPSF Group NSW Branch) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2013. The nominal expiry date of the Agreement is4 November 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by UWSCollege Pty Limited for the approval of the UWSCollege Enterprise Agreement 2013. The dispute pertains to the terms of the enterprise agreement and whether it meets the necessary criteria for approval under the relevant industrial legislation. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the Commission centred on whether the enterprise agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the statutory requirements for approval. These included ensuring that the agreement did not adversely affect employees' rights and protections and that it was made in good faith. The Commission also had to consider whether the agreement facilitated the efficient operation of the enterprise and did not negatively impact productivity.

In examining these issues, the Commission considered submissions from both UWSCollege and the union representing the employees. The Commission found that the agreement contained provisions that were fair and reasonable, and it was satisfied that the agreement had been made in good faith. The agreement was deemed to facilitate the efficient operation of the enterprise and did not adversely affect the rights and protections of employees. Based on these findings, the Commission approved the enterprise agreement.

The Commission issued an order approving the UWSCollege Enterprise Agreement 2013, effective from the date of the decision. The approval allows the terms and conditions of the agreement to be implemented as negotiated between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established